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N.Y. CPLR § 1003

N.Y. CPLR § 1003 - Nonjoinder and Misjoinder of Parties

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 1003, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1003 Nonjoinder and misjoinder of parties § 1003. Nonjoinder and misjoinder of parties. Nonjoinder of a partywho should be joined under section 1001 is a ground for dismissal of anaction without prejudice unless the court allows the action to proceedwithout that party under the provisions of that section. Misjoinder ofparties is not a ground for dismissal of an action. Parties may be addedat any stage of the action by leave of court or by stipulation of allparties who have appeared, or once without leave of court within twentydays after service of the original summons or at anytime before theperiod for responding to that summons expires or within twenty daysafter service of a pleading responding to it. Parties may be dropped bythe court, on motion of any party or on its own initiative, at any stageof the action and upon such terms as may be just. The court may orderany claim against a party severed and proceeded with separately.